Case Briefs.Week7

Case Briefs.Week7 - Kelly Bowers 103679426 Case Briefs Week...

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Kelly Bowers 103679426 Case Briefs Week 7 F ACTS : Dick and Karyn Anderson were formerly married but divorced. Dick remarried Maureen (∏). Karyn began dating Paul Mergenhagen (∆). Karyn harassed ∏ until she was eventually arrested for it. For 2 years beginning in 2003 and into 2205, ∆ began following ∏, taking pictures of her, her car, and making obscene gestures. ∏ was afraid for herself and her children and thus called the police. ∆ admitted to the a number of the charges and the security guard outside ∏’s residence corroborated the stories. ∏ filed a suit in Georgia state court against ∆. The court issued a SJ in ∆’s favor. ∏ appealed. I SSUE : Did ∆’s actions constitute “the unreasonable intrusion” aspect involves a prying or intrusion which would be offensive or objectionable to a reasonable person into a person’s private concerns? R ULE OF L AW : Common law A NALYSIS : Traditionally, watching or observing a person in a public place is not an intrusion upon one’s privacy. However, Georgia courts have held that surveillance of an individual on public thoroughfares where such surveillance aims to frighten or torment a person, is an unreasonable intrusion upon a person’s privacy. C ONCLUSION : The state intermediate appellate court reversed the grant of summary judgment to ∆ on ∏’s invasion of privacy claim. The court remanded the case for trial on the issue of whether the ∆ followed and photographer the ∏ so frequently as to amount to an intrusion into her privacy. F ACTS : (∏) is a company that serves as a registrar for the issuance of domain names on the web and thus ∏ helps sites with access and identification. The clients of ∏ sign an agreement with the company that requires them to give personal information via “WHOIS” data. ∏ in exchange promises not to use the information to support the transmission of spam. If someone made an inquiry of this data, they would receive it on the condition that they agree not to use it for spam. Verio (∆) sells website design and other related services. ∆ began obtaining daily WHOIS updates to reach potential customers with automated software to submit multiple
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Case Briefs.Week7 - Kelly Bowers 103679426 Case Briefs Week...

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